General Terms and Conditions
Connect Your Hosting

These general terms and conditions apply to every offer and/or quotation from Connect Your Hosting and form an integral part of every agreement between you and Connect Your Hosting. These general terms and conditions describe the legal basis and are always leading.

Article 1. Definitions

1. Connect Your Hosting located in Eindhoven and registered with the Chamber of Commerce under file number 53612981.
2. Connect Your Hosting operates under various trade names, all of which can be found under file number 53612981 at the Chamber of Commerce.
3. Where “Connect Your Hosting” is mentioned, any other trade name associated with the registration with the Chamber of Commerce, file number 53612981, also applies.
4. Client: the natural or legal person who has entered into an agreement with Connect Your Hosting or to whom Connect Your Hosting has submitted a quotation.
5. General Terms and Conditions: the present document.
6. Service: the specific service that Connect Your Hosting agrees with the Client, as stated in the agreement or quotation.
7. Agreement: the agreement between Connect Your Hosting and the Client under which Connect Your Hosting will perform the Service.
8. Websites: www.connectyourhosting.nl, www.connectyourhosting.com

Article 2. The agreement

1. If you have placed an order on one of the Connect Your Hosting websites (the websites of which Connect Your Hosting is the domain name holder, such as (but not limited to) www.connectyourhosting.com and www.connectyourhosting.nl, you have an account If you have made or agreed to an offer from Connect Your Hosting, an agreement has been concluded between Connect Your Hosting and you. During the ordering process on the website, the amount will be indicated on the Website and the amount stated on the website is also stated Website description of the Service is binding.
2. Connect Your Hosting can prepare a quotation in which it indicates what is included in the Service and what amount will be due upon acceptance. Only the description of the Service stated in the quotation is binding.
3. A quotation is without obligation and valid for 30 days after dispatch by Connect Your Hosting, unless otherwise stated in the quotation.
4. For domain registrations, you always enter into an agreement with Connect Your Hosting for a period of one (1) year or longer, depending on your choice. The agreement is tacitly extended each time for one (1) year.
5. For SSL certificates, the agreement is entered into for a period of one (1) year. The agreement will not be tacitly extended but will be terminated by operation of law.
6. For all other services, the agreement is entered into for a period of one (1) month, unless you indicate otherwise during the ordering process. The agreement is tacitly extended each time for the same period as specified when placing the order.
7. Unless otherwise agreed in writing, Connect Your Hosting guarantees that the Service will be performed to the best of its ability, applying sufficient care and craftsmanship.
   However, Connect Your Hosting does not guarantee minimum speeds, uninterrupted functioning, reliability or accessibility for its services and systems, unless this is laid down in an SLA. We have established that we have 99.9% and higher uptime annually for all our services.
8. Delivery times stated by Connect Your Hosting are not strict deadlines, unless this is expressly stated.
9. Service Level Agreements (SLAs) are only issued to the client per service after consultation with the client. SLAs are therefore always tailor-made.
10. If it appears that information provided by the Client is incorrect, Connect Your Hosting has the right to adjust the prices accordingly.
11. These General Terms and Conditions apply at all times to the Agreement, unless expressly agreed otherwise in writing.
12. Provisions or conditions set by the Client that deviate from, or do not appear in, these General Terms and Conditions are only binding for Connect Your Hosting if and insofar as they have been expressly accepted in writing by Connect Your Hosting.

Article 3. Services

1. If these terms and conditions refer to a service, it means a service that Connect Your Hosting provides to you, because you have concluded an agreement for this with Connect Your Hosting.
2. After the Agreement has been concluded, Connect Your Hosting will perform the Service as soon as possible in accordance with the quotation, electronic order or order by letter or e-mail.
3. Third-party services may form part of the agreement. If that is the case, the additional terms and conditions of these third parties apply to (the use of) those services. The additional conditions can be consulted on our website.
4. You grant Connect Your Hosting a power of attorney to accept any additional terms and conditions on your behalf and/or to conclude a (separate) agreement for registering a domain name or providing the service in question.
5. Connect Your Hosting grants you the non-exclusive, non-transferable and revocable right to use the service, including future updates, for the duration and under the conditions of the agreement.
6. The Client is obliged to do everything that is reasonably necessary and desirable to enable timely and correct performance of the Service. In particular, the Client ensures that all information that Connect Your Hosting indicates is necessary or of which the Client should reasonably understand that it is necessary for the performance of the Service, is provided to Connect Your Hosting in a timely manner.
7. Connect Your Hosting is not permitted to independently make changes to the material supplied by the Client without prior permission from the Client, with the exception of changes that Connect Your Hosting considers necessary for the proper performance of the Service and which are essential. do not change the content of the material.
8. Delivery times stated by Connect Your Hosting are always indicative, unless it is explicitly stated in writing that it concerns a deadline. Connect Your Hosting is, even in the case of an agreed deadline, only in default after the Client has given notice of default in writing.
9. Exceeding agreed delivery times for whatever reason does not give any right to compensation, unless otherwise agreed in writing.

Article 4. Account

1. Your account gives you access to a Connect Your Hosting user interface that allows you to manage and configure (certain aspects of) the services.
2. You can create the account via our websites. The account will be accessible by entering a password and username. You are responsible for choosing a strong password and keeping this password confidential.
3. Some services can only be purchased using the credit in the digital wallet. Our websites explain to which services this applies. You have access to your digital wallet via your account. You place credits in your digital wallet with which you can purchase services from Connect Your Hosting. You are responsible for maintaining your credit. If you have a shortage, Connect Your Hosting may not renew the agreement and suspend the agreement(s) and cancel the service(s). Connect Your Hosting will do its best to warn you of this in a timely manner and can also choose to apply the normal payment arrangement.

Article 5. Your obligations

1. You must do everything that is reasonably necessary and desirable to enable timely and correct execution of the agreement. In any case, you ensure that all information is correct to the best of your knowledge and is provided to Connect Your Hosting on time. These are, for example, the data that Connect Your Hosting indicates are necessary, or that you know or should know are necessary for the performance of the service.
2. You are also responsible for keeping all your information within your account up to date.
3. If there is (suspected) misuse of login details, please report this immediately to Connect Your Hosting so that we can take measures.
4. Any action that takes place via your account is your responsibility and at your risk.
5. You must notify Connect Your Hosting of any changes in data or circumstances without delay.
6. You are fully responsible for all installations and maintenance of applications, unless the application is part of the service or unless otherwise agreed in writing with Connect Your Hosting.
7. These general terms and conditions also apply to legal successors. If you resell the services you have purchased or have them taken over, you are obliged to pass on these conditions to the end user of the service.

Article 6. Prices and payment

1. All prices stated on www.connectyourhosting.com include VAT and other levies imposed by the government, unless stated otherwise.
2. All prices on the website, quotations, brochures and other documentation of Connect Your Hosting are subject to programming and typing errors. No liability is accepted for the consequences of such errors.
3. Connect Your Hosting has the right to adjust the agreement if it appears that you have provided incorrect or incomplete information.
4. Prices may be adjusted at any time during the term of the agreement. We will inform you thirty (30) calendar days in advance of a proposed price change by e-mail and via the website. If you do not agree with the change(s), you may cancel the agreement via our Control Panel, subject to a notice period of one (1) month. The cancellation option does not exist if the change in prices is the result of:
   • Inflation;
   • an amendment to the agreement as referred to in Article 8, paragraph 8 of these general terms and conditions;
   • a price increase by our supplier(s);
   • an obligation on Connect Your Hosting under the law.
5. Connect Your Hosting will:
   • charge one-off costs (such as installation costs, activation costs) and additional services afterwards;
   • charge all recurring costs monthly in advance.
6. The payment term is seven (7) calendar days after the invoice date, unless otherwise stated or agreed in writing.
7. If you do not pay the amount due within the payment term, you will receive a first reminder from Connect Your Hosting. We give you seven (7) calendar days to make the payment. If payment is still not made, we will send a second reminder. We will charge additional costs for a third reminder. If Connect Your Hosting has not heard from you after this third reminder and has not received payment, we will (temporarily) stop the provision of services. The collection of the payment by Connect Your Hosting can then be transferred to a collection agency. Any (extra)judicial costs associated with the collection of the claim or the exercise of legal rights and any statutory commercial interest must be paid by you, to the extent permitted by law. Connect Your Hosting is not liable for any damage resulting from this. We will of course resume our services as soon as you have paid the amounts due.
8. You are not entitled to settlement or deduction of payments.
9. Without the possibility of termination by the Client, being a company, Connect Your Hosting has the right to increase all prices agreed with the Client by 4% every year as of January 1.

Article 7. Right of withdrawal

1. This article does not apply if you are a business customer (acting in the exercise of a profession or business).
2. As a consumer the right of withdrawal expires as soon as the service is delivered. Before you order a service, you should be fully aware about how fast a service is delivered, as we clearly write “Delivered Directly” in case a service is delivered within a few minutes.
3. The term ‘delivered’ can vary, depending on the service type. Example 1: consumer ordered a VPS, after 2 minutes the VPS is online and login details are available at the client portal. Example 2: a domain is ordered. The domain is online / available, but in order to get things working the consumer needs to manage DNS records. While the DNS records are not managed yet by consumer, the service is delivered.
4. When a service is not yet delivered, consumer can terminate the agreement free of charge within fourteen (14) calendar days (the cooling-off period) after concluding the agreement.
5. The right of withdrawal does not apply to a domain registration or to having an SSL certificate validated, because this service(s) is fully performed with your consent within the legal period for withdrawal. You expressly waive the right of cancellation during the ordering process.
6. You can terminate the agreement within the cooling-off period via the Control Panel or by unambiguously informing Connect Your Hosting in writing that you are canceling the purchase. In the case of a digital notification, Connect Your Hosting confirms receipt of this notification.
7. The right of withdrawal does not apply to agreements to provide services, after fulfillment of the agreement, if:
   the performance has begun with the express prior consent of the consumer; and
   the consumer has declared that he waives his right of termination as soon as Connect Your Hosting has fulfilled the agreement.
8. If you have already paid (partly), Connect Your Hosting will refund this amount as soon as possible, but no later than fourteen (14) calendar days after termination of the agreement.

Article 8. Web Hosting and VPS Hosting

1. The installation of and maintenance of the required hardware is carried out by Connect Your Hosting. If you purchase web hosting or VPS, you are not entitled to physical access to the server space.
2. Connect Your Hosting has the right to assign other hardware to you, if this other hardware reasonably meets or exceeds the requirements that applied to the original hardware.
3. There is always a shared infrastructure, unless otherwise agreed in writing. You ensure that unnecessary peak loads on the services are prevented and that you do not use the services in a way that causes inconvenience to other Connect Your Hosting customers.
4. You can upgrade the purchased capacity and storage space for the services at any time via your account. Connect Your Hosting will do its best to implement the requested upgrade as quickly as possible. Downgrading the services is not possible during the agreement unless agreed in writing. Connect Your Hosting has the right to charge costs for downgrading.
5. It is also possible to cancel the agreement and enter into a new agreement with Connect Your Hosting, in accordance with the rules on cancellation. In that case, Connect Your Hosting will make every effort to transfer your data internally.
6. In the event of excessive use of internet traffic or data flows, or in the event of exceeding established limits, Connect Your Hosting may charge costs. In the event that you regularly exceed the established limits, or if Connect Your Hosting reasonably deems this necessary, Connect Your Hosting can upgrade your subscription. Connect Your Hosting will first inform you about this.

Article 9. Domain names

1. Connect Your Hosting cannot guarantee that a submitted request for a domain name will be honored. Connect Your Hosting is therefore not liable for possible damage resulting from the inability to register a domain name or for the rejection of a domain name application. After a successful domain name application, Connect Your Hosting will send a confirmation email as soon as the domain name has actually been registered.
2. If changes are made within your account with regard to domain names, these changes will be automatically communicated to the Stichting Internet Domain Registration Netherlands (SIDN) or other applicable registration authorities. You are responsible for entering the correct information within your account and keeping it up to date.
3. Connect Your Hosting may charge costs for reactivating a domain name after suspension, cancellation or any form of (temporary) termination.

Article 10. Regulatory Agencies

1. The application and allocation procedure for IP addresses is subject to rules and procedures of the registration authority, such as Réseaux IP Européens (RIPE). SSL certificates are subject to the rules and procedures of the chosen Certificate Authority. Domain names are subject to the rules and procedures of the registry of the relevant extension. From the moment you request the services described above, you are bound to the conditions of these authorities.
2. These authorities decide whether or not to grant what has been requested. Connect Your Hosting only fulfills an intermediary role in the application procedure.
3. When registering a domain name, the general terms and conditions of the umbrella registry or the intermediary through whom we register your domain name also apply. These additional conditions can be found on the websites of the relevant suppliers.
4. Assigned IP addresses remain under the management of Connect Your Hosting and cannot be transferred or moved.
5. The SSL certificate can be revoked by Connect Your Hosting or by the relevant Certificate Authority. Revocation can occur if you have provided the wrong information for the SSL certificate or if the reliability of the SSL certificate has been compromised. You will not receive any compensation or replacement product for this.

Article 11. Backups, availability and maintenance

1. Under normal circumstances, Connect Your Hosting makes daily backups of the data you store. Connect Your Hosting will make these backups available to you upon request. Connect Your Hosting may charge costs for this. Additional backup periods can be arranged for our services. These terms are only provided as an additional service unless otherwise agreed in writing. Have you not explicitly agreed with Connect Your Hosting that Connect Your Hosting will make these backups available to you? Then no backups are available.
2. Backups of web hosting and email hosting may be destroyed by Connect Your Hosting after fourteen (14) calendar days after the end of the agreement. For VPS a period of five (5) calendar days applies. Please keep this in mind if you terminate the service, or if Connect Your Hosting informs you that Connect Your Hosting is terminating the service.
3. Connect Your Hosting does its best day and night to ensure that services always perform optimally and are accessible. Connect Your Hosting takes strict measures to ensure that the services remain accessible. Connect Your Hosting only offers guarantees about this if this is included in an additional SLA.
4. Connect Your Hosting has the right to temporarily decommission the service (partially) for maintenance, adjustment or improvement of the system or associated software or facilities. Unless there is no other option, Connect Your Hosting will always plan and carry out this in the form of a well-planned maintenance event that will take place as much as possible between 11:00 PM and 5:00 AM (Dutch time). Connect Your Hosting tries to inform you in time via e-mail and the website. Connect Your Hosting is never obliged to pay compensation for damage in connection with such decommissioning.

Article 12. Rules of conduct and notice-and-takedown

1. You can decide for yourself what you do with the service, but it is of course not the intention that you (or your customer) endanger the Connect Your Hosting network or violate the law. In such cases, Connect Your Hosting or the court may decide to (temporarily) suspend your service.
2. You therefore guarantee to us that the services will not be used for activities that violate any law or regulation. In addition, it is expressly prohibited (whether lawful or not) to offer or distribute through the Services materials that:
   • contain malicious content (such as malware or other malicious software);
   • infringe third party rights (such as intellectual property rights), or be libelous, defamatory, offensive, discriminatory or hateful;
   • contain hyperlinks, torrents or references with (locations of) material that infringes intellectual property rights; or
   • distribute any form of pornographic material prohibited by law, or apparently intended to assist others in finding such material;
   • constitute a violation of the privacy of third parties, including in any case but not limited to the distribution of personal data of third parties without permission or necessity or the repeated harassment of third parties with unwanted communications.
3. If, in the opinion of Connect Your Hosting, nuisance, damage or other danger arises for the functioning of the systems or networks of Connect Your Hosting or third parties, such as excessive sending of e-mails, (D)DoS attacks, bad secure systems or activities involving malware or other harmful software, then Connect Your Hosting has the right to take all measures it reasonably deems necessary to prevent or avert this danger.
4. If a third party points out to Connect Your Hosting undeniably unlawful or infringing behavior by you, Connect Your Hosting will inform you of this as soon as possible. Connect Your Hosting asks you to respond as quickly as possible (but no later than within 24 hours), after which Connect Your Hosting will decide how to act. In urgent cases, Connect Your Hosting will intervene immediately.
5. Connect Your Hosting has the right to suspend services, remove material or block (the use of) services if these general terms and conditions, third party rights or laws and regulations are violated. Connect Your Hosting ensures that you are informed of this as soon as possible. If there is excessive load on Connect Your Hosting systems, Connect Your Hosting will contact you in advance. Unless there is an acute danger to the stability of Connect Your Hosting’s services, contact will always be made first and we will wait one (1) working day for a response.
6. Connect Your Hosting may provide your name, address and other identifying information to a third party who complains that you are infringing on its rights if there is no less intrusive way to retrieve the contact information. Connect Your Hosting only does this if the correctness of that complaint is reasonably plausible, this third party is also legally authorized to make such requests, such as investigative services, and this third party has a reasonable interest in issuing the data and if all legal requirements have been met. Nevertheless, Connect Your Hosting will initially resist delivery and will remain pending a court order, unless the client authorizes us in writing to cooperate.
7. Connect Your Hosting strives to act as reasonably, carefully and adequately as possible in the event of complaints and is not liable for damage resulting from the measures taken in accordance with this article.

Article 13. Liability

1. This article applies to business customers and to consumers insofar as the provisions are not unreasonably onerous.
2. Connect Your Hosting is only liable to you for direct damage as a result of an attributable shortcoming in the fulfillment of the agreement. Liability for indirect damage, including loss of profit and turnover, is excluded. Direct damage is exclusively understood to mean all damage consisting of:
   • damage to material property (property damage);
   • costs for repair work to prevent data loss;
   • reasonable costs to determine the cause and extent of the damage and to prevent and limit this damage, insofar as it relates to the direct damage, as referred to here.
3. Connect Your Hosting’s liability for attributable shortcomings in the fulfillment of the agreement only arises if you notify Connect Your Hosting in writing within fourteen (14) calendar days of discovery, whereby a reasonable period of time is set in writing in consultation to remedy the shortcoming. agreed, and Connect Your Hosting continues to fail to fulfill its obligations even after that period. The notice of default must contain as detailed a description as possible of the shortcoming, so that Connect Your Hosting is able to respond adequately.
4. The maximum amount that will be paid out in the event of liability as referred to in paragraph 1 of this article is limited to the amount actually paid out by Connect Your Hosting’s insurance in the relevant case. If the insurer does not pay out, the amount per event or per series of events is in any case limited to the compensation that you have paid to Connect Your Hosting under the agreement in the past three (3) months for the service in question (including VAT). Under no circumstances will the total compensation for any damage exceed € 1,000 per year.
5. You indemnify Connect Your Hosting against all claims from third parties (including from your customers), and fully compensate Connect Your Hosting for this.
6. Connect Your Hosting cannot be held to comply with the agreement if compliance is prevented by force majeure. Connect Your Hosting cannot be held liable for damage resulting from force majeure. Force majeure, in addition to what it is defined by law, includes (but is not limited to):
   interruptions in the supply of electricity, government measures, terrorist attacks, fire and floods, shortcomings of suppliers of Connect Your Hosting, disruptions in connection to the internet, license refusal, (D)DoS attacks and disruptions in hardware or (telecommunications) networks, attacks of malware or other malicious software, strikes, import and export restrictions.
7. Both parties are entitled to terminate the agreement if the force majeure situation continues for at least thirty (30) calendar days or longer. Connect Your Hosting is not obliged to compensate any damage resulting from that cancellation.

Article 14. Intellectual property rights

1. Intellectual property rights are understood to mean rights (of intellectual property), including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.
2. The intellectual property rights to the service remain vested in Connect Your Hosting or its licensors.
3. All intellectual property rights that rest on your data or other materials supplied by you remain with you. You indemnify Connect Your Hosting against claims from third parties based on an infringement of such an (intellectual property) right.

Article 15. Personal data

You have the right to view your personal data. If the overview we provide contains inaccuracies, you can request us in writing to change the data or have it removed. If you request Connect Your Hosting to delete your personal data and Connect Your Hosting (partially) complies, this action cannot be reversed. No backup of deleted data is available.

Connect Your Hosting has a duty of care to conclude a processing agreement when its customers process personal data via Connect Your Hosting’s systems. In that case, these Connect Your Hosting customers are controllers. Connect Your Hosting therefore makes a processing agreement available. It is your responsibility to check whether you are indeed the controller and have instructed Connect Your Hosting to act as a processor, and therefore whether you store personal data with us. If that is the case, you must enter into an additional processing agreement with Connect Your Hosting. If you fail to conclude a processing agreement with Connect Your Hosting, but are obliged to do so under privacy legislation, this is entirely your responsibility.

You guarantee that you will only process personal data in and with the help of our service(s) in a completely lawful manner. You guarantee that the content, use and order to process personal data are not unlawful or do not infringe the rights of third parties.

Article 16. End of the agreement

1. A fixed-term agreement for business customers (even after tacit renewal) cannot be terminated prematurely unless stated in writing.
2. As a consumer you have the option to cancel any agreement after the first renewal. The agreement will then be terminated at the end of the current term.
3. Cancellation of an agreement can only be done via the control panel (CP) within your account.
4. Connect Your Hosting is entitled to dissolve and/or suspend the agreement in whole or in part, with immediate effect and without judicial intervention, without any obligation to pay damages or compensation, if:
   • the obligations under the agreement are not fulfilled, not fully fulfilled or not fulfilled on time, even after Connect Your Hosting has given you a reasonable period to fulfill the obligations;
   • Circumstances that come to Connect Your Hosting’s attention after concluding the agreement give good reason to fear that you will not fulfill the obligations under the agreement;
   • you have been requested to provide security for the fulfillment of obligations under the agreement and this security is not provided or is insufficient; d. you die;
   • a suspension of payments is requested for you, a declaration of bankruptcy has been filed or if there is a seizure or debt restructuring;
   • circumstances arise that are of such a nature that compliance with the agreement is impossible or that unaltered maintenance of the agreement cannot reasonably be expected from Connect Your Hosting.
5. If Connect Your Hosting terminates the agreement, in connection with the reasons stated in the previous paragraph, all claims with regard to the entire remaining contract term of all agreements that you conclude with Connect Your Hosting are immediately due and payable.
6. If Connect Your Hosting suspends the service, Connect Your Hosting retains all claims arising from the law and the agreement.
7. The customer is responsible for downloading the data or backups stored under the service. Connect Your Hosting has the right, immediately after the date on which the agreement is terminated, to terminate or remove access to all accounts associated with this agreement and to delete or make inaccessible data stored from or for you.
8. If applicable, in the event of a legally valid termination of the agreement and if you have fulfilled your obligations under the agreement, Connect Your Hosting will cooperate at your request to enable the transfer to another service provider.

Article 17. Final provisions

1. The applicability of any purchasing or other conditions of yours is expressly rejected unless confirmed in writing in advance.
2. If any provision of these general terms and conditions proves to be void or is annulled, the other provisions will remain fully in force. We will then enter into consultation in order to agree on a new provision with regard to the void or voided provision, whereby the purpose and scope of the void or voided provision will be taken into account as much as possible.
3. In the event of any contradiction between different documents, the following order of precedence applies:
   • additional written and signed agreements;
   • approved quotation or order via the website;
   • availability arrangement in the form of an SLA;
   • general terms and conditions.
4. Connect Your Hosting may unilaterally change or supplement the agreement and these general terms and conditions, also for existing agreements. For existing agreements, a period of thirty (30) calendar days after announcement applies before the change takes effect. Changes of minor importance, changes based on law and changes in your favor can take effect immediately.
5. If you do not agree with the adjustment or addition to these general terms and conditions, you can cancel the agreement. The cancellation will take effect on the date on which the amended or supplemented general terms and conditions come into effect.
6. Connect Your Hosting may transfer the agreement with you in part or in whole to a third party, including rights and obligations as stated in these general terms and conditions and, if applicable, other agreements. If you are a consumer, you have the option to cancel the agreement with effect from the date on which the agreement is transferred to a third party.
7. Dutch law applies to this agreement.
8. Unless otherwise prescribed by mandatory law, all disputes arising from or related to the agreement will be submitted to the competent court of the district in which Connect Your Hosting is located, on the understanding that Connect Your Hosting is entitled the dispute can also be submitted to another competent court.
9. The log files and administration of Connect Your Hosting provide complete proof of Connect Your Hosting’s statements to the customer, unless you provide proof to the contrary.